Facts

Cynthia Mickelsen sued Helen Barber in connection with a motor vehicle accident.

PLAINTIFF'S CONTENTIONS:
Plaintiff was the passenger in a vehicle defendant allegedly, rear-ended. Plaintiff sustained injuries as a result and sued defendant for negligence.

DEFENDANT'S CONTENTIONS:
Defendant disputed the extent of plaintiff's claimed injuries, claiming they were due to her age and not the subject accident.

Injuries

Mickelsen claimed she injured her back and right, dominant shoulder. She claimed partial tears in her rotator cuff. She also claimed the impact aggravated her pre-existing neck issue. She underwent rhizotomies to treat the pain. Despite treatment, she claimed she continued to experience pain and discomfort in her neck and shoulder. She later underwent surgery to repair her rotator cuff. Defendant argued that plaintiff's claimed rotator cuff tears were due to daily use of the shoulder. Plaintiff had not undergone surgery as of trial.

Result

The jury found in Mickelsen's favor and awarded her $23,246 in damages consisting of $5,000 in past pain and suffering, $5,000 in future pain and suffering, and $13,246 in medical expenses.